No. 19-7428

Timothy O'Laughlin v. United States

Lower Court: Eighth Circuit
Docketed: 2020-01-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bureau-of-prisons civil-commitment civil-rights civil-rights-deprivation due-process personal-liberty pro-se pro-se-litigation pro-se-petition sixth-amendment standing standing-to-file
Key Terms:
JusticiabilityDoctri
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Whether 18 U.S.C. § 4247(h) unconstitutionally deprives individuals of the right to litigate their personal liberty interests pro se

Question Presented (OCR Extract)

QUESTION PRESENTED Whether 18 U.S.C. § 4247(h) unconstitutionally and illegally deprives individuals of the right to litigate their personal liberty interests pro se, under both the Sixth Amendment and 28 U.S.C. § 1654, by filing a pro se petition under 18 U.S.C. § 4247(h), seeking a termination of an indeterminate term of custody in the Bureau of Prisons imposed on them pursuant to the civil commitment process contained in 18 U.S.C. § 4246, in that § 4247(h) exclusively grants standing to file such a petition for liberty only to the citizen’s “counsel for the person or his legal guardian” and not directly to the incarcerated individual? : i

Docket Entries

2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2020-02-27
Waiver of right of respondent United States to respond filed.
2020-01-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2020)

Attorneys

Timothy O'Laughlin
David R MercerFederal Public Defender--Western District of Missouri, Petitioner
David R MercerFederal Public Defender--Western District of Missouri, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent